The postal vote would not be compulsory and would be non-binding. If the majority of people voted yes, parliament would then hold a vote to decide to pass the legislation. If the majority of people voted no, that would be the end of same-sex marriage in Australia. Also, Australians would not get a chance to see the legislation they are voting on until after casting their ballots.

Justice Kirby labelled the plan a ‘Mickey Mouse’ endeavour. He said he was disappointed with his good friend Prime Minister Malcolm Turnbull’s position.

‘A little bit of leadership on this issue – where he speaks from the heart and speaks in terms of ideas of equality and the dignity of all people – is what is required of him now,’ he told Fairfax Media.

Kirby labelled the postal vote as undemocratic.

‘It’s unscientific, it doesn’t conform to the rudimentary requirements of polling,’ he said.

‘It has never been attempted ever in the making of laws in Australia. It doesn’t even have the merit that a plebiscite had of a national compulsory vote, which has at least been done once.’

Kirby who has been with his partner Johan van Vloten for 50 years will boycott the vote. He said he would prefer to wait than have his rights decided this way.